ABDUL MALIK ISHAK
RE WONG CHONG SIONG – Appellant
Versus
ARAB MALAYSIAN FINANCE BHD – Respondent
Abdul Malik Ishak J:
This was an appeal by Arab Malaysian Finance Berhad, the judgment creditor, in encl. 38 against the decision of the Senior Assistant Registrar ("SAR") who on 6 March 1998 ordered that the judgment creditor's petition dated 18 Febraury 1997 filed by the judgment creditor and before it was served on Wong Chong Siong, the judgment debtor, be struck out. The SAR too ordered the forfeiture of the deposit in the sum of RM2,000 which had been deposited by the judgment creditor to the Official Assignee ("OA").
It is pertinent to point out that the judgment creditor had acted expeditiously for they filed the notice of appeal to the judge-in-chambers in encl. 38 on 30 July 1998 within two days from the date when the sealed Order as reflected in encl. 38 was returned to the judgment creditor's solicitors by the court on 28 July 1998. Now, an appeal to the judge-in-chambers, like encl. 38, shall lie from any judgment, order or decision of the SAR and the time frame of such an appeal according to O. 56 r. 1(3) of the Rules of the High Court 1980 ("RHC") would be as follows:
Unless the Court otherwise order, the notice must be issued within 5 days after the judgme
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